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What steps do you need to take to divorce a cheating spouse?

What steps do you need to take to divorce a cheating spouse?

On Behalf of | Sep 28, 2021 | Divorce

Discovering a spouse’s extramarital affair can be a devastating experience. You trusted your spouse and expected that they would value the sanctity of your relationship. Infidelity not only destroys the trust between you and your spouse but can also put you at risk of exposure to dangerous pathogens.

Many people decide that adultery is the last straw and that they must file for divorce when they discover an affair. They then start to wonder what they will need to do to divorce because of a spouse’s infidelity. For example, they may worry that they will need irrefutable proof of the affair in order to file for divorce.

If you intend to soon divorce your spouse because of cheating in Minnesota, what will that process involve?

You don’t have to prove the infidelity to receive a divorce

Minnesota offers pure no-fault divorces. Provided that either spouse feels that the relationship is irretrievably broken, a family law judge can order the dissolution of the relationship. Even if one spouse does not want a divorce, the courts cannot compel someone to remain married. You won’t need to prove anything to successfully divorce because of infidelity in Minnesota.

In fact, your ex’s cheating will have no impact on the actual divorce outcome unless you have a marital agreement. If you agreed to some kind of support or financial penalty after infidelity, then that agreement could affect the outcome of your divorce and may require evidence. Otherwise, adultery will have little impact other than to force you into filing.

Won’t adultery affect the property division process?

Many people reeling from the painful knowledge that their spouse has cheated expect the courts to provide them with justice in the form of financial compensation. However, Minnesota law is clear. Judges cannot consider marital misconduct when determining an equitable way to split a couple’s property.

Similarly, marital misconduct will not have an impact on spousal support requests in most cases. There will be no financial award just because your spouse violated their vows. While the courts won’t necessarily penalize your ex for their infidelity, they can permanently end your legal ties to your unfaithful spouse.

Learning more about what you can expect when you file for divorce in Minnesota can help you plan for the future.